Whenever the department finds after investigation that the distribution in the state of North
Dakota of any class of food may, by reason of contamination with micro-organisms during
manufacture, processing, or packing thereof in any locality, be injurious to health and that such
injurious nature cannot be adequately determined after such articles have entered commerce, it
then, and in such case only, shall promulgate regulations providing for the issuance, to
manufacturers, processors, or packers of such class of food in such locality, of permits to which
must be attached such conditions governing the manufacture, processing, or packaging, or
packing of such class of food, for such temporary period of time, as may be necessary to protect
the public health; and after the effective date of s
Free access — add to your briefcase to read the full text and ask questions with AI
Whenever the department finds after investigation that the distribution in the state of North
Dakota of any class of food may, by reason of contamination with micro-organisms during
manufacture, processing, or packing thereof in any locality, be injurious to health and that such
injurious nature cannot be adequately determined after such articles have entered commerce, it
then, and in such case only, shall promulgate regulations providing for the issuance, to
manufacturers, processors, or packers of such class of food in such locality, of permits to which
must be attached such conditions governing the manufacture, processing, or packaging, or
packing of such class of food, for such temporary period of time, as may be necessary to protect
the public health; and after the effective date of such regulations, and during such temporary
period, no person may introduce or deliver for introduction into commerce any such food
manufactured, processed, or packed by any such manufacturer, processor, or packer unless
such manufacturer, processor, or packer holds a permit issued by the department as provided
by such regulations.
The department is authorized to suspend immediately upon notice any permit issued under
authority of this section if it is found that any of the conditions of the permit have been violated.
The holder of a permit so suspended is privileged at any time to apply for the reinstatement of
such permit, and the department shall, immediately after prompt hearing and inspection of the
establishment, reinstate such permit if it is found that adequate measures have been taken to
comply with and maintain the conditions of the permit, as originally issued, or as amended.
Any officer or employee duly designated by the department shall have access to any factory
or establishment, the operator of which holds a permit from the department for the purpose of
ascertaining whether or not the conditions of the permit are being complied with, and denial of
access for such inspection is grounds for suspension of the permit until such access is freely
given by the operator.
19-02.1-12. Food - Tolerances for added poisonous ingredients.
1. Any added poisonous or deleterious substance, any food additive, any pesticide
chemical in or on a raw agricultural commodity, or any color additive shall with respect
to any particular use or intended use be deemed unsafe for the purpose of application
of subsection 2 of section 19-02.1-09 with respect to any food, subsection 1 of section
19-02.1-13 with respect to any drug or device, or subsection 1 of section 19-02.1-17
with respect to any cosmetic, unless there is in effect a regulation pursuant to
subsection 2 limiting the quantity of such substance, and the use or intended use of
such substance conforms to the terms prescribed by such regulation. While such
regulation relating to such substance is in effect, a food, drug, or cosmetic may not, by
reason of bearing or containing such substance in accordance with the regulation, be
considered adulterated within the meaning of subsection 1 of section 19-02.1-09,
subsection 1 of section 19-02.1-13, or subsection 1 of section 19-02.1-17.
2. The department, whenever public health or other considerations in the state so
require, is authorized to adopt, amend, or repeal regulations whether or not in
accordance with regulations promulgated under the federal act prescribing therein
tolerances for any added poisonous or deleterious substances, for food additives, for
pesticide chemicals in or on raw agricultural commodities, or for color additives,
including zero tolerances, and exemptions from tolerances in the case of pesticide
chemicals in or on raw agricultural commodities, and prescribing the conditions under
which a food additive or a color additive may be safely used and exemptions when
such food additive or color additive is to be used solely for investigational or
experimental purposes, upon its own motion or upon the petition of any interested
party requesting that such a regulation be established, and it is incumbent upon such
petitioner to establish by data submitted to the department that a necessity exists for
such regulation, and that its effect will not be detrimental to the public health. If the
data furnished by the petitioner is not sufficient to allow the department to determine
whether such regulation should be promulgated, the department may require
additional data to be submitted and failure to comply with the request is sufficient
grounds to deny the request. In adopting, amending, or repealing regulations relating
to such substances, the department shall consider among other relevant factors the
following which the petitioner, if any, shall furnish:
a. The name and all pertinent information concerning such substance, including
where available, its chemical identity and composition, a statement of the
conditions of the proposed use, including directions, recommendations, and
suggestions and including specimens of proposed labeling, and all relevant data
bearing on the physical or other technical effect and the quantity required to
produce such effect;
b. The probable composition of any substance formed in or on a food, drug, or
cosmetic resulting from the use of such substance;
c. The probable consumption of such substance in the diet of man and animals
taking into account any chemically or pharmacologically related substance in
such diet;
d. Safety factors which, in the opinion of experts qualified by scientific training and
experience to evaluate the safety of such substances for the use or uses for
which they are proposed to be used, are generally recognized as appropriate for
the use of animal experimentation data;
e. The availability of any needed practicable methods of analysis for determining the
identity and quantity of such substance in or on an article, any substance formed
in or on such article because of the use of such substance, and the pure
substance and all intermediates and impurities; and
f. Facts supporting a contention that the proposed use of such substance will serve
a useful purpose.